26th July, 2023
By Maduabuchi Nmeribeh/Kano
A Federal High Court sitting in Kano has fixed September 22 for judgement on the suit of fundamental human rights filed by a former Governor of Kano state, Dr Abdullahi Umar Ganduje, over the alleged dollar video bribe case.
Our Correspondent recalls that the Court on July 7, stopped the Kano anti-graft Commission, Nigeria Police and six others from inviting, harassing, investigating and arresting, Ganduje, his family or any of his appointees who served under his administration, pending the hearing and determination of substantive Originating Motion on the case.
Counsel to Ganduje, Matthew Burkaa, SAN, had filed a Motion Exparte dated July 7, on fundamental rights enforcement procedure rules 2009 under section 46 of the 1999 Constitution of the Federal Republic of Nigeria as amended.
The applicant’s lawyer is seeking the court to restrain Kano anti-graft Commission from arresting, investigating and inviting Ganduje over the alleged dollar video.
The respondents are Kano State Public Complaint and Anti-Corruption Commission, Nigeria Police, Inspector-General of Police, Commissioner of Police Kano State, State Security Services and Nigeria Security and Civil Defence Corps.
Others are the Attorney General of the Federation and the Attorney General of Kano State.
When the case came up for hearing on Tuesday, Counsel to the applicant, Matthew Burkaa SAN, filed a further affidavit in response to the respondents’ counter affidavit.
According to him, the fundamental rights suit was to protect the right of Ganduje and also seek to protect his family members and political appointees.
“My Lord we are not saying Ganduje should not be invited or investigated but rather do it according to the law, ‘ he said.
Counsel to the PCACC, Femi Falana SAN, told the court that the applicant’s immunity as the Governor of Kano state had expired on May 29.
“We have filed 23 paragraph counter affidavit, four exhibits and a written address as our argument.
“This case is a public interest litigation not personal. The applicant wants to use the order to protect his reputation and protect parties that are not before court,” he stated.
Falana further stated that the court cannot protect the names of those who are not before the court. “This court has no jurisdiction. This is a gaging suit. The PCACC invited the applicant to investigate alleged N1 billion theft.
“Therefore, if you are invited you must honour the invitation,” Falana said.
He then asked the court to dismiss the exparte it earlier granted the applicant.
Counsel to Nigeria Police, Mr Sunday Ekwe and Counsel to the DSS, Mr I B Bulus, aligned themselves with Counsel to the first respondent.
Counsel to the Attorney General of Kano, Mr Khalifa Hashim, filed a three-paragraph counter affidavit dated July 19 and urged the court to dismiss the exparte.
In his ruling, Justice A. M Liman, adjourned the case until September 22, for judgment.